HB 1021

1	A bill to be entitled
2	An act relating to transportation; amending s. 120.52,
3	F.S.; redefining the term "agency" for purposes of ch.
4	120, F.S., to include certain regional transportation and
5	transit authorities; amending s. 125.42, F.S.; providing
6	for counties to incur certain costs related to the
7	relocation or removal of certain utility facilities under
8	specified circumstances; amending s. 163.3177, F.S.;
9	revising requirements for comprehensive plans; providing a
10	timeframe for submission of certain information to the
11	state land planning agency; providing for airports, land
12	adjacent to airports, and certain interlocal agreements
13	relating thereto in certain elements of the plan; amending
14	s. 163.3178, F.S.; providing that certain port-related
15	facilities may not be designated as developments of
16	regional impact under certain circumstances; amending s.
17	163.3180, F.S.; providing a definition for "backlog";
18	amending s. 163.3182, F.S., relating to transportation
19	concurrency backlog authorities; providing legislative
20	findings and declarations; expanding the power of
21	authorities to borrow money to include issuing certain
22	debt obligations; providing a maximum maturity date for
23	certain debt incurred to finance or refinance certain
24	transportation concurrency backlog projects; authorizing
25	authorities to continue operations and administer certain
26	trust funds for the period of the remaining outstanding
27	debt; requiring local transportation concurrency backlog
28	trust funds to continue to be funded for certain purposes;
29	providing for increased ad valorem tax increment funding
30	for such trust funds under certain circumstances; revising
31	provisions for dissolution of an authority; amending s.
32	337.11, F.S.; providing for the department to pay a
33	portion of certain proposal development costs; requiring
34	the department to advertise certain contracts as design-
35	build contracts; amending s. 337.18, F.S.; requiring the
36	contractor to maintain a copy of the required payment and
37	performance bond at certain locations and provide a copy
38	upon request; providing that a copy may be obtained
39	directly from the department; removing a provision
40	requiring that a copy be recorded in the public records of
41	the county; amending s. 337.185, F.S.; providing for the
42	State Arbitration Board to arbitrate certain claims
43	relating to maintenance contracts; providing for a member
44	of the board to be elected by maintenance companies as
45	well as construction companies; amending s. 337.403, F.S.;
46	providing for the department or local governmental entity
47	to pay certain costs of removal or relocation of a utility
48	facility that is found to be interfering with the use,
49	maintenance, improvement, extension, or expansion of a
50	public road or publicly owned rail corridor under
51	described circumstances; amending s. 337.408, F.S.;
52	providing for public pay telephones and advertising
53	thereon to be installed within the right-of-way limits of
54	any municipal, county, or state road; amending s. 338.01,
55	F.S.; requiring new and replacement electronic toll
56	collection systems to be interoperable with the
57	department's system; amending s. 338.165, F.S.; providing
58	that provisions requiring the continuation of tolls
59	following the discharge of bond indebtedness does not
60	apply to high-occupancy toll lanes or express lanes;
61	creating s. 338.166, F.S.; authorizing the department to
62	request that bonds be issued which are secured by toll
63	revenues from high-occupancy toll or express lanes in a
64	specified location; providing for the department to
65	continue to collect tolls after discharge of indebtedness;
66	authorizing the use of excess toll revenues for
67	improvements to the State Highway System; authorizing the
68	implementation of variable rate tolls on high-occupancy
69	toll lanes or express lanes; amending s. 338.2216, F.S.;
70	directing the Florida Turnpike Enterprise to implement new
71	technologies and processes in its operations and
72	collection of tolls and other amounts; amending s.
73	338.231, F.S.; revising provisions for establishing and
74	collecting tolls; authorizing the collection of amounts to
75	cover costs of toll collection and payment methods;
76	requiring public notice and hearing; amending s. 339.12,
77	F.S.; revising requirements for aid and contributions by
78	governmental entities for transportation projects;
79	revising limits under which the department may enter into
80	an agreement with a county for a project or project phase
81	not in the adopted work program; authorizing the
82	department to enter into certain long-term repayment
83	agreements; amending s. 339.135, F.S.; revising certain
84	notice provisions that require the Department of
85	Transportation to notify local governments regarding
86	amendments to an adopted 5-year work program; amending s.
87	339.2816, F.S., relating to the small county road
88	assistance program; providing for resumption of certain
89	funding for the program; revising the criteria for
90	counties eligible to participate in the program; amending
91	s. 348.0003, F.S.; requiring transportation, bridge, and
92	toll authorities to comply with the financial disclosure
93	requirements of the State Constitution; amending s.
94	479.01, F.S.; revising provisions for outdoor advertising;
95	revising the definition of the term "automatic changeable
96	facing"; amending s. 479.07, F.S.; revising a prohibition
97	against signs on the State Highway System; revising
98	requirements for display of the sign permit tag; directing
99	the department to establish by rule a fee for furnishing a
100	replacement permit tag; revising the pilot project for
101	permitted signs to include Hillsborough County and areas
102	within the boundaries of the City of Miami; amending s.
103	479.08, F.S.; revising provisions for denial or revocation
104	of a sign permit; amending s. 479.156, F.S.; clarifying
105	that a municipality or county is authorized to make a
106	determination of customary use with respect to regulations
107	governing commercial wall murals and that such
108	determination must be accepted in lieu of any agreement
109	between the state and the United States Department of
110	Transportation; amending s. 479.261, F.S.; revising
111	requirements for the logo sign program of the interstate
112	highway system; deleting provisions providing for permits
113	to be awarded to the highest bidders; requiring the
114	department to implement a rotation-based logo program;
115	requiring the department to adopt rules that set
116	reasonable rates based on certain factors for annual
117	permit fees; requiring that such fees not exceed a certain
118	amount for sign locations inside and outside an urban
119	area; requiring the department to conduct a study of
120	transportation alternatives for the Interstate 95 corridor
121	and report to the Governor, the Legislature, and the
122	affected metropolitan planning organizations; repealing
123	part III of ch. 343 F.S., relating to the Tampa Bay
124	Commuter Transit Authority; transferring any assets to the
125	Tampa Bay Area Regional Transportation Authority; amending
126	s. 316.191, F.S.; increasing the period for which a
127	vehicle may be impounded for certain violations of state
128	law relating to racing on highways; amending s. 316.191,
129	F.S.; defining the term "race"; providing an effective
130	date.
131
132	Be It Enacted by the Legislature of the State of Florida:
133
134	Section 1.  Section 120.52, Florida Statutes, is amended to
135	read:
136	120.52  Definitions.--As used in this act:
137	(1)  "Agency" means:
138	(a)  The Governor in the exercise of all executive powers
139	other than those derived from the constitution.
140	(b)  Each:
141	1.  State officer and state department, and each
142	departmental unit described in s. 20.04.
143	2.  Authority, including a regional water supply authority.
144	3.  Board, including the Board of Governors of the State
145	University System and a state university board of trustees when
146	acting pursuant to statutory authority derived from the
147	Legislature.
148	4.  Commission, including the Commission on Ethics and the
149	Fish and Wildlife Conservation Commission when acting pursuant
150	to statutory authority derived from the Legislature.
151	5.  Regional planning agency.
152	6.  Multicounty special district with a majority of its
153	governing board comprised of nonelected persons.
154	7.  Educational units.
155	8.  Entity described in chapters 163, 373, 380, and 582 and
156	s. 186.504.
157	(c)  Each other unit of government in the state, including
158	counties and municipalities, to the extent they are expressly
159	made subject to this act by general or special law or existing
160	judicial decisions.
161
162	This definition does not include any legal entity or agency
163	created in whole or in part pursuant to chapter 361, part II,
164	any metropolitan planning organization created pursuant to s.
165	339.175, any separate legal or administrative entity created
166	pursuant to s. 339.175 of which a metropolitan planning
167	organization is a member, an expressway authority pursuant to
168	chapter 348 or any transportation authority under chapter 343 or
169	chapter 349, any legal or administrative entity created by an
170	interlocal agreement pursuant to s. 163.01(7), unless any party
171	to such agreement is otherwise an agency as defined in this
172	subsection, or any multicounty special district with a majority
173	of its governing board comprised of elected persons; however,
174	this definition shall include a regional water supply authority.
175	Section 2.  Subsection (5) of section 125.42, Florida
176	Statutes, is amended to read:
177	125.42  Water, sewage, gas, power, telephone, other
178	utility, and television lines along county roads and highways.--
179	(5)  In the event of widening, repair, or reconstruction of
180	any such road, the licensee shall move or remove such water,
181	sewage, gas, power, telephone, and other utility lines and
182	television lines at no cost to the county, except as provided in
183	s. 337.403(1)(e).
184	Section 3.  Paragraphs (a), (h), and (j) of subsection (6)
185	of section 163.3177, Florida Statutes, are amended to read:
186	163.3177  Required and optional elements of comprehensive
187	plan; studies and surveys.--
188	(6)  In addition to the requirements of subsections (1)-(5)
189	and (12), the comprehensive plan shall include the following
190	elements:
191	(a)  A future land use plan element designating proposed
192	future general distribution, location, and extent of the uses of
193	land for residential uses, commercial uses, industry,
194	agriculture, recreation, conservation, education, public
195	buildings and grounds, other public facilities, and other
196	categories of the public and private uses of land. Counties are
197	encouraged to designate rural land stewardship areas, pursuant
198	to the provisions of paragraph (11)(d), as overlays on the
199	future land use map. Each future land use category must be
200	defined in terms of uses included, and must include standards to
201	be followed in the control and distribution of population
202	densities and building and structure intensities. The proposed
203	distribution, location, and extent of the various categories of
204	land use shall be shown on a land use map or map series which
205	shall be supplemented by goals, policies, and measurable
206	objectives. The future land use plan shall be based upon
207	surveys, studies, and data regarding the area, including the
208	amount of land required to accommodate anticipated growth; the
209	projected population of the area; the character of undeveloped
210	land; the availability of water supplies, public facilities, and
211	services; the need for redevelopment, including the renewal of
212	blighted areas and the elimination of nonconforming uses which
213	are inconsistent with the character of the community; the
214	compatibility of uses on lands adjacent to or closely proximate
215	to military installations; lands adjacent to an airport as
216	defined in s. 330.35 and consistent with s. 333.02; the
217	discouragement of urban sprawl; energy-efficient land use
218	patterns accounting for existing and future electric power
219	generation and transmission systems; greenhouse gas reduction
220	strategies; and, in rural communities, the need for job
221	creation, capital investment, and economic development that will
222	strengthen and diversify the community's economy. The future
223	land use plan may designate areas for future planned development
224	use involving combinations of types of uses for which special
225	regulations may be necessary to ensure development in accord
226	with the principles and standards of the comprehensive plan and
227	this act. The future land use plan element shall include
228	criteria to be used to achieve the compatibility of lands
229	adjacent or closely proximate to lands with military
230	installations, and lands adjacent to an airport as defined in s.
231	330.35 and consistent with s. 333.02. In addition, for rural
232	communities, the amount of land designated for future planned
233	industrial use shall be based upon surveys and studies that
234	reflect the need for job creation, capital investment, and the
235	necessity to strengthen and diversify the local economies, and
236	may shall not be limited solely by the projected population of
237	the rural community. The future land use plan of a county may
238	also designate areas for possible future municipal
239	incorporation. The land use maps or map series shall generally
240	identify and depict historic district boundaries and shall
241	designate historically significant properties meriting
242	protection. For coastal counties, the future land use element
243	must include, without limitation, regulatory incentives and
244	criteria that encourage the preservation of recreational and
245	commercial working waterfronts as defined in s. 342.07. The
246	future land use element must clearly identify the land use
247	categories in which public schools are an allowable use. When
248	delineating the land use categories in which public schools are
249	an allowable use, a local government shall include in the
250	categories sufficient land proximate to residential development
251	to meet the projected needs for schools in coordination with
252	public school boards and may establish differing criteria for
253	schools of different type or size. Each local government shall
254	include lands contiguous to existing school sites, to the
255	maximum extent possible, within the land use categories in which
256	public schools are an allowable use. The failure by a local
257	government to comply with these school siting requirements will
258	result in the prohibition of the local government's ability to
259	amend the local comprehensive plan, except for plan amendments
260	described in s. 163.3187(1)(b), until the school siting
261	requirements are met. Amendments proposed by a local government
262	for purposes of identifying the land use categories in which
263	public schools are an allowable use are exempt from the
264	limitation on the frequency of plan amendments contained in s.
265	163.3187. The future land use element shall include criteria
266	that encourage the location of schools proximate to urban
267	residential areas to the extent possible and shall require that
268	the local government seek to collocate public facilities, such
269	as parks, libraries, and community centers, with schools to the
270	extent possible and to encourage the use of elementary schools
271	as focal points for neighborhoods. For schools serving
272	predominantly rural counties, defined as a county with a
273	population of 100,000 or fewer, an agricultural land use
274	category is shall be eligible for the location of public school
275	facilities if the local comprehensive plan contains school
276	siting criteria and the location is consistent with such
277	criteria. Local governments required to update or amend their
278	comprehensive plan to include criteria and address compatibility
279	of lands adjacent or closely proximate to lands with existing
280	military installations, or lands adjacent to an airport as
281	defined in s. 330.35 and consistent with s. 333.02, in their
282	future land use plan element shall transmit the update or
283	amendment to the state land planning agency department by June
284	30, 2012 2006.
285	(h)1.  An intergovernmental coordination element showing
286	relationships and stating principles and guidelines to be used
287	in the accomplishment of coordination of the adopted
288	comprehensive plan with the plans of school boards, regional
289	water supply authorities, and other units of local government
290	providing services but not having regulatory authority over the
291	use of land, with the comprehensive plans of adjacent
292	municipalities, the county, adjacent counties, or the region,
293	with the state comprehensive plan and with the applicable
294	regional water supply plan approved pursuant to s. 373.0361, as
295	the case may require and as such adopted plans or plans in
296	preparation may exist. This element of the local comprehensive
297	plan shall demonstrate consideration of the particular effects
298	of the local plan, when adopted, upon the development of
299	adjacent municipalities, the county, adjacent counties, or the
300	region, or upon the state comprehensive plan, as the case may
301	require.
302	a.  The intergovernmental coordination element shall
303	provide for procedures to identify and implement joint planning
304	areas, especially for the purpose of annexation, municipal
305	incorporation, and joint infrastructure service areas.
306	b.  The intergovernmental coordination element shall
307	provide for recognition of campus master plans prepared pursuant
308	to s. 1013.30 and airport master plans under paragraph (k).
309	c.  The intergovernmental coordination element may provide
310	for a voluntary dispute resolution process as established
311	pursuant to s. 186.509 for bringing to closure in a timely
312	manner intergovernmental disputes. A local government may
313	develop and use an alternative local dispute resolution process
314	for this purpose.
315	d.  The intergovernmental coordination element shall
316	provide for interlocal agreements as established pursuant to s.
317	333.03(1)(b).
318	2.  The intergovernmental coordination element shall
319	further state principles and guidelines to be used in the
320	accomplishment of coordination of the adopted comprehensive plan
321	with the plans of school boards and other units of local
322	government providing facilities and services but not having
323	regulatory authority over the use of land. In addition, the
324	intergovernmental coordination element shall describe joint
325	processes for collaborative planning and decisionmaking on
326	population projections and public school siting, the location
327	and extension of public facilities subject to concurrency, and
328	siting facilities with countywide significance, including
329	locally unwanted land uses whose nature and identity are
330	established in an agreement. Within 1 year of adopting their
331	intergovernmental coordination elements, each county, all the
332	municipalities within that county, the district school board,
333	and any unit of local government service providers in that
334	county shall establish by interlocal or other formal agreement
335	executed by all affected entities, the joint processes described
336	in this subparagraph consistent with their adopted
337	intergovernmental coordination elements.
338	3.  To foster coordination between special districts and
339	local general-purpose governments as local general-purpose
340	governments implement local comprehensive plans, each
341	independent special district must submit a public facilities
342	report to the appropriate local government as required by s.
343	189.415.
344	4.a.  Local governments shall must execute an interlocal
345	agreement with the district school board, the county, and
346	nonexempt municipalities pursuant to s. 163.31777. The local
347	government shall amend the intergovernmental coordination
348	element to provide that coordination between the local
349	government and school board is pursuant to the agreement and
350	shall state the obligations of the local government under the
351	agreement.
352	b.  Plan amendments that comply with this subparagraph are
353	exempt from the provisions of s. 163.3187(1).
354	5.  The state land planning agency shall establish a
355	schedule for phased completion and transmittal of plan
356	amendments to implement subparagraphs 1., 2., and 3. from all
357	jurisdictions so as to accomplish their adoption by December 31,
358	1999. A local government may complete and transmit its plan
359	amendments to carry out these provisions prior to the scheduled
360	date established by the state land planning agency. The plan
361	amendments are exempt from the provisions of s. 163.3187(1).
362	6.  By January 1, 2004, any county having a population
363	greater than 100,000, and the municipalities and special
364	districts within that county, shall submit a report to the
365	Department of Community Affairs which:
366	a.  Identifies all existing or proposed interlocal service
367	delivery agreements regarding the following: education; sanitary
368	sewer; public safety; solid waste; drainage; potable water;
369	parks and recreation; and transportation facilities.
370	b.  Identifies any deficits or duplication in the provision
371	of services within its jurisdiction, whether capital or
372	operational. Upon request, the Department of Community Affairs
373	shall provide technical assistance to the local governments in
374	identifying deficits or duplication.
375	7.  Within 6 months after submission of the report, the
376	Department of Community Affairs shall, through the appropriate
377	regional planning council, coordinate a meeting of all local
378	governments within the regional planning area to discuss the
379	reports and potential strategies to remedy any identified
380	deficiencies or duplications.
381	8.  Each local government shall update its
382	intergovernmental coordination element based upon the findings
383	in the report submitted pursuant to subparagraph 6. The report
384	may be used as supporting data and analysis for the
385	intergovernmental coordination element.
386	(j)  For each unit of local government within an urbanized
387	area designated for purposes of s. 339.175, a transportation
388	element, which must shall be prepared and adopted in lieu of the
389	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
390	and (d) and which shall address the following issues:
391	1.  Traffic circulation, including major thoroughfares and
392	other routes, including bicycle and pedestrian ways.
393	2.  All alternative modes of travel, such as public
394	transportation, pedestrian, and bicycle travel.
395	3.  Parking facilities.
396	4.  Aviation, rail, seaport facilities, access to those
397	facilities, and intermodal terminals.
398	5.  The availability of facilities and services to serve
399	existing land uses and the compatibility between future land use
400	and transportation elements.
401	6.  The capability to evacuate the coastal population prior
402	to an impending natural disaster.
403	7.  Airports, projected airport and aviation development,
404	and land use compatibility around airports, which includes areas
405	defined in ss. 333.01 and 333.02.
406	8.  An identification of land use densities, building
407	intensities, and transportation management programs to promote
408	public transportation systems in designated public
409	transportation corridors so as to encourage population densities
410	sufficient to support such systems.
411	9.  May include transportation corridors, as defined in s.
412	334.03, intended for future transportation facilities designated
413	pursuant to s. 337.273. If transportation corridors are
414	designated, the local government may adopt a transportation
415	corridor management ordinance.
416	10.  The incorporation of transportation strategies to
417	address reduction in greenhouse gas emissions from the
418	transportation sector.
419	Section 4.  Subsection (3) of section 163.3178, Florida
420	Statutes, is amended to read:
421	163.3178  Coastal management.--
422	(3)  Expansions to port harbors, spoil disposal sites,
423	navigation channels, turning basins, harbor berths, and other
424	related inwater harbor facilities of ports listed in s.
425	403.021(9); port transportation facilities and projects listed
426	in s. 311.07(3)(b); and intermodal transportation facilities
427	identified pursuant to s. 311.09(3); and facilities determined
428	by the Department of Community Affairs and applicable general-
429	purpose local government to be port-related industrial or
430	commercial projects located within 3 miles of or in a port
431	master plan area which rely upon the use of port and intermodal
432	transportation facilities shall not be designated as
433	developments of regional impact if where such expansions,
434	projects, or facilities are consistent with comprehensive master
435	plans that are in compliance with this section.
436	Section 5.  Paragraphs (a) and (b) of subsection (12) and
437	paragraph (i) of subsection (16) of section 163.3180, Florida
438	Statutes, are created to read:
439	163.3180  Concurrency.--
440	(12)(a) A development of regional impact may satisfy the
441	transportation concurrency requirements of the local
442	comprehensive plan, the local government's concurrency
443	management system, and s. 380.06 by payment of a proportionate-
444	share contribution for local and regionally significant traffic
445	impacts, if:
446	1.(a)  The development of regional impact which, based on
447	its location or mix of land uses, is designed to encourage
448	pedestrian or other nonautomotive modes of transportation;
449	2.(b)  The proportionate-share contribution for local and
450	regionally significant traffic impacts is sufficient to pay for
451	one or more required mobility improvements that will benefit a
452	regionally significant transportation facility;
453	3.(c)  The owner and developer of the development of
454	regional impact pays or assures payment of the proportionate-
455	share contribution; and
456	4.(d)  If the regionally significant transportation
457	facility to be constructed or improved is under the maintenance
458	authority of a governmental entity, as defined by s. 334.03(12),
459	other than the local government with jurisdiction over the
460	development of regional impact, the developer is required to
461	enter into a binding and legally enforceable commitment to
462	transfer funds to the governmental entity having maintenance
463	authority or to otherwise assure construction or improvement of
464	the facility.
465
466	The proportionate-share contribution may be applied to any
467	transportation facility to satisfy the provisions of this
468	subsection and the local comprehensive plan, but, for the
469	purposes of this subsection, the amount of the proportionate-
470	share contribution shall be calculated based upon the cumulative
471	number of trips from the proposed development expected to reach
472	roadways during the peak hour from the complete buildout of a
473	stage or phase being approved, divided by the change in the peak
474	hour maximum service volume of roadways resulting from
475	construction of an improvement necessary to maintain the adopted
476	level of service, multiplied by the construction cost, at the
477	time of developer payment, of the improvement necessary to
478	maintain the adopted level of service. For purposes of this
479	subsection, "construction cost" includes all associated costs of
480	the improvement. Proportionate-share mitigation shall be limited
481	to ensure that a development of regional impact meeting the
482	requirements of this subsection mitigates its impact on the
483	transportation system but is not responsible for the additional
484	cost of reducing or eliminating backlogs. This subsection also
485	applies to Florida Quality Developments pursuant to s. 380.061
486	and to detailed specific area plans implementing optional sector
487	plans pursuant to s. 163.3245.
488	(b)  As used in this subsection, the term "backlog" means a
489	facility or facilities on which the adopted level-of-service
490	standard is exceeded by the existing trips, plus additional
491	projected background trips from any source other than the
492	development project under review that are forecast by
493	established traffic standards, including traffic modeling,
494	consistent with the University of Florida Bureau of Economic and
495	Business Research medium population projections. Additional
496	projected background trips are to be coincident with the
497	particular stage or phase of development under review.
498	(16)  It is the intent of the Legislature to provide a
499	method by which the impacts of development on transportation
500	facilities can be mitigated by the cooperative efforts of the
501	public and private sectors. The methodology used to calculate
502	proportionate fair-share mitigation under this section shall be
503	as provided for in subsection (12).
504	(i)  As used in this subsection, the term "backlog" means a
505	facility or facilities on which the adopted level-of-service
506	standard is exceeded by the existing trips, plus additional
507	projected background trips from any source other than the
508	development project under review that are forecast by
509	established traffic standards, including traffic modeling,
510	consistent with the University of Florida Bureau of Economic and
511	Business Research medium population projections. Additional
512	projected background trips are to be coincident with the
513	particular stage or phase of development under review.
514	Section 6.  Paragraph (c) is added to subsection (2) of
515	section 163.3182, Florida Statutes, and paragraph (d) of
516	subsection (3) and subsections (4), (5), and (8) of that section
517	are amended, to read:
518	163.3182  Transportation concurrency backlogs.--
519	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
520	AUTHORITIES.--
521	(c)  The Legislature finds and declares that there exists
522	in many counties and municipalities areas that have significant
523	transportation deficiencies and inadequate transportation
524	facilities; that many insufficiencies and inadequacies severely
525	limit or prohibit the satisfaction of transportation concurrency
526	standards; that the transportation insufficiencies and
527	inadequacies affect the health, safety, and welfare of the
528	residents of these counties and municipalities; that the
529	transportation insufficiencies and inadequacies adversely affect
530	economic development and growth of the tax base for the areas in
531	which these insufficiencies and inadequacies exist; and that the
532	elimination of transportation deficiencies and inadequacies and
533	the satisfaction of transportation concurrency standards are
534	paramount public purposes for the state and its counties and
535	municipalities.
536	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
537	AUTHORITY.--Each transportation concurrency backlog authority
538	has the powers necessary or convenient to carry out the purposes
539	of this section, including the following powers in addition to
540	others granted in this section:
541	(d)  To borrow money, including, but not limited to,
542	issuing debt obligations such as, but not limited to, bonds,
543	notes, certificates, and similar debt instruments; to apply for
544	and accept advances, loans, grants, contributions, and any other
545	forms of financial assistance from the Federal Government or the
546	state, county, or any other public body or from any sources,
547	public or private, for the purposes of this part; to give such
548	security as may be required; to enter into and carry out
549	contracts or agreements; and to include in any contracts for
550	financial assistance with the Federal Government for or with
551	respect to a transportation concurrency backlog project and
552	related activities such conditions imposed under pursuant to
553	federal laws as the transportation concurrency backlog authority
554	considers reasonable and appropriate and which are not
555	inconsistent with the purposes of this section.
556	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
557	(a)  Each transportation concurrency backlog authority
558	shall adopt a transportation concurrency backlog plan as a part
559	of the local government comprehensive plan within 6 months after
560	the creation of the authority. The plan must shall:
561	1.  Identify all transportation facilities that have been
562	designated as deficient and require the expenditure of moneys to
563	upgrade, modify, or mitigate the deficiency.
564	2.  Include a priority listing of all transportation
565	facilities that have been designated as deficient and do not
566	satisfy concurrency requirements pursuant to s. 163.3180, and
567	the applicable local government comprehensive plan.
568	3.  Establish a schedule for financing and construction of
569	transportation concurrency backlog projects that will eliminate
570	transportation concurrency backlogs within the jurisdiction of
571	the authority within 10 years after the transportation
572	concurrency backlog plan adoption. The schedule shall be adopted
573	as part of the local government comprehensive plan.
574	(b)  The adoption of the transportation concurrency backlog
575	plan shall be exempt from the provisions of s. 163.3187(1).
576
577	Notwithstanding such schedule requirements, as long as the
578	schedule provides for the elimination of all transportation
579	concurrency backlogs within 10 years after the adoption of the
580	concurrency backlog plan, the final maturity date of any debt
581	incurred to finance or refinance the related projects may be no
582	later than 40 years after the date the debt is incurred and the
583	authority may continue operations and administer the trust fund
584	established as provided in subsection (5) for as long as the
585	debt remains outstanding.
586	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
587	concurrency backlog authority shall establish a local
588	transportation concurrency backlog trust fund upon creation of
589	the authority. Each local trust fund shall be administered by
590	the transportation concurrency backlog authority within which a
591	transportation concurrency backlog has been identified. Each
592	local trust fund must continue to be funded under this section
593	for as long as the projects set forth in the related
594	transportation concurrency backlog plan remain to be completed
595	or until any debt incurred to finance or refinance the related
596	projects are no longer outstanding, whichever occurs later.
597	Beginning in the first fiscal year after the creation of the
598	authority, each local trust fund shall be funded by the proceeds
599	of an ad valorem tax increment collected within each
600	transportation concurrency backlog area to be determined
601	annually and shall be a minimum of 25 percent of the difference
602	between the amounts set forth in paragraphs (a) and (b), except
603	that if all of the affected taxing authorities agree under an
604	interlocal agreement, a particular local trust fund may be
605	funded by the proceeds of an ad valorem tax increment greater
606	than 25 percent of the difference between the amounts set forth
607	in paragraphs (a) and (b):
608	(a)  The amount of ad valorem tax levied each year by each
609	taxing authority, exclusive of any amount from any debt service
610	millage, on taxable real property contained within the
611	jurisdiction of the transportation concurrency backlog authority
612	and within the transportation backlog area; and
613	(b)  The amount of ad valorem taxes which would have been
614	produced by the rate upon which the tax is levied each year by
615	or for each taxing authority, exclusive of any debt service
616	millage, upon the total of the assessed value of the taxable
617	real property within the transportation concurrency backlog area
618	as shown on the most recent assessment roll used in connection
619	with the taxation of such property of each taxing authority
620	prior to the effective date of the ordinance funding the trust
621	fund.
622	(8)  DISSOLUTION.--Upon completion of all transportation
623	concurrency backlog projects and repayment or defeasance of all
624	debt issued to finance or refinance such projects, a
625	transportation concurrency backlog authority shall be dissolved,
626	and its assets and liabilities shall be transferred to the
627	county or municipality within which the authority is located.
628	All remaining assets of the authority must be used for
629	implementation of transportation projects within the
630	jurisdiction of the authority. The local government
631	comprehensive plan shall be amended to remove the transportation
632	concurrency backlog plan.
633	Section 7.  Subsection (7) of section 337.11, Florida
634	Statutes, is amended, present subsections (8) through (15) of
635	that section are renumbered as subsections (9) through (16),
636	respectively, and a new subsection (8) is added to that section,
637	to read:
638	337.11  Contracting authority of department; bids;
639	emergency repairs, supplemental agreements, and change orders;
640	combined design and construction contracts; progress payments;
641	records; requirements of vehicle registration.--
642	(7)(a)  If the head of the department determines that it is
643	in the best interests of the public, the department may combine
644	the design and construction phases of a building, a major
645	bridge, a limited access facility, or a rail corridor project
646	into a single contract. Such contract is referred to as a
647	design-build contract. Design-build contracts may be advertised
648	and awarded notwithstanding the requirements of paragraph
649	(3)(c). However, construction activities may not begin on any
650	portion of such projects for which the department has not yet
651	obtained title to the necessary rights-of-way and easements for
652	the construction of that portion of the project has vested in
653	the state or a local governmental entity and all railroad
654	crossing and utility agreements have been executed. Title to
655	rights-of-way shall be deemed to have vested in the state when
656	the title has been dedicated to the public or acquired by
657	prescription.
658	(b)  The department shall adopt by rule procedures for
659	administering design-build contracts. Such procedures shall
660	include, but not be limited to:
661	1.  Prequalification requirements.
662	2.  Public announcement procedures.
663	3.  Scope of service requirements.
664	4.  Letters of interest requirements.
665	5.  Short-listing criteria and procedures.
666	6.  Bid proposal requirements.
667	7.  Technical review committee.
668	8.  Selection and award processes.
669	9.  Stipend requirements.
670	(c)  The department must receive at least three letters of
671	interest in order to proceed with a request for proposals. The
672	department shall request proposals from no fewer than three of
673	the design-build firms submitting letters of interest. If a
674	design-build firm withdraws from consideration after the
675	department requests proposals, the department may continue if at
676	least two proposals are received.
677	(8)  If the department determines that it is in the best
678	interest of the public, the department may pay a stipend to
679	nonselected design-build firms that have submitted responsive
680	proposals for construction contracts. The decision and amount of
681	a stipend shall be based upon department analysis of the
682	estimated proposal development costs and the anticipated degree
683	of engineering design during the procurement process. The
684	department retains the right to use those designs from
685	responsive nonselected design-build firms that accept a stipend.
686	Section 8.  Paragraph (b) of subsection (1) of section
687	337.18, Florida Statutes, is amended to read:
688	337.18  Surety bonds for construction or maintenance
689	contracts; requirement with respect to contract award; bond
690	requirements; defaults; damage assessments.--
691	(1)
692	(b)  Before beginning any work under the contract, the
693	contractor shall maintain a copy of the payment and performance
694	bond required under this section at its principal place of
695	business and at the jobsite office, if one is established, and
696	the contractor shall provide a copy of the payment and
697	performance bond within 5 days after receiving a written request
698	for the bond. A copy of the payment and performance bond
699	required under this section may also be obtained directly from
700	the department by making a request pursuant to chapter 119. Upon
701	execution of the contract, and prior to beginning any work under
702	the contract, the contractor shall record in the public records
703	of the county where the improvement is located the payment and
704	performance bond required under this section. A claimant has
705	shall have a right of action against the contractor and surety
706	for the amount due him or her, including unpaid finance charges
707	due under the claimant's contract. The Such action may shall not
708	involve the department in any expense.
709	Section 9.  Subsections (1), (2), and (7) of section
710	337.185, Florida Statutes, are amended to read:
711	337.185  State Arbitration Board.--
712	(1)  To facilitate the prompt settlement of claims for
713	additional compensation arising out of construction and
714	maintenance contracts between the department and the various
715	contractors with whom it transacts business, the Legislature
716	does hereby establish the State Arbitration Board, referred to
717	in this section as the "board." For the purpose of this section,
718	the term "claim" means shall mean the aggregate of all
719	outstanding claims by a party arising out of a construction or
720	maintenance contract. Every contractual claim in an amount up to
721	$250,000 per contract or, at the claimant's option, up to
722	$500,000 per contract or, upon agreement of the parties, up to
723	$1 million per contract that cannot be resolved by negotiation
724	between the department and the contractor shall be arbitrated by
725	the board after acceptance of the project by the department. As
726	an exception, either party to the dispute may request that the
727	claim be submitted to binding private arbitration. A court of
728	law may not consider the settlement of such a claim until the
729	process established by this section has been exhausted.
730	(2)  The board shall be composed of three members. One
731	member shall be appointed by the head of the department, and one
732	member shall be elected by those construction or maintenance
733	companies who are under contract with the department. The third
734	member shall be chosen by agreement of the other two members.
735	Whenever the third member has a conflict of interest regarding
736	affiliation with one of the parties, the other two members shall
737	select an alternate member for that hearing. The head of the
738	department may select an alternative or substitute to serve as
739	the department member for any hearing or term. Each member shall
740	serve a 2-year term. The board shall elect a chair, each term,
741	who shall be the administrator of the board and custodian of its
742	records.
743	(7)  The members of the board may receive compensation for
744	the performance of their duties hereunder, from administrative
745	fees received by the board, except that no employee of the
746	department may receive compensation from the board. The
747	compensation amount shall be determined by the board, but may
748	shall not exceed $125 per hour, up to a maximum of $1,000 per
749	day for each member authorized to receive compensation. Nothing
750	in This section does not shall prevent the member elected by
751	construction or maintenance companies from being an employee of
752	an association affiliated with the industry, even if the sole
753	responsibility of that member is service on the board. Travel
754	expenses for the industry member may be paid by an industry
755	association, if necessary. The board may allocate funds annually
756	for clerical and other administrative services.
757	Section 10.  Subsection (1) of section 337.403, Florida
758	Statutes, is amended to read:
759	337.403  Relocation of utility; expenses.--
760	(1)  Any utility heretofore or hereafter placed upon,
761	under, over, or along any public road or publicly owned rail
762	corridor that is found by the authority to be unreasonably
763	interfering in any way with the convenient, safe, or continuous
764	use, or the maintenance, improvement, extension, or expansion,
765	of such public road or publicly owned rail corridor shall, upon
766	30 days' written notice to the utility or its agent by the
767	authority, be removed or relocated by such utility at its own
768	expense except as provided in paragraphs (a)-(f) (a), (b), and
769	(c).
770	(a)  If the relocation of utility facilities, as referred
771	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
772	627 of the 84th Congress, is necessitated by the construction of
773	a project on the federal-aid interstate system, including
774	extensions thereof within urban areas, and the cost of the such
775	project is eligible and approved for reimbursement by the
776	Federal Government to the extent of 90 percent or more under the
777	Federal Aid Highway Act, or any amendment thereof, then in that
778	event the utility owning or operating such facilities shall
779	relocate the such facilities upon order of the department, and
780	the state shall pay the entire expense properly attributable to
781	such relocation after deducting therefrom any increase in the
782	value of the new facility and any salvage value derived from the
783	old facility.
784	(b)  When a joint agreement between the department and the
785	utility is executed for utility improvement, relocation, or
786	removal work to be accomplished as part of a contract for
787	construction of a transportation facility, the department may
788	participate in those utility improvement, relocation, or removal
789	costs that exceed the department's official estimate of the cost
790	of the such work by more than 10 percent. The amount of such
791	participation shall be limited to the difference between the
792	official estimate of all the work in the joint agreement plus 10
793	percent and the amount awarded for this work in the construction
794	contract for such work. The department may not participate in
795	any utility improvement, relocation, or removal costs that occur
796	as a result of changes or additions during the course of the
797	contract.
798	(c)  When an agreement between the department and utility
799	is executed for utility improvement, relocation, or removal work
800	to be accomplished in advance of a contract for construction of
801	a transportation facility, the department may participate in the
802	cost of clearing and grubbing necessary to perform such work.
803	(d)  If the utility facility being removed or relocated was
804	initially installed to exclusively serve the department, its
805	tenants, or both, the department shall bear the costs of
806	removing or relocating that utility facility. However, the
807	department is not responsible for bearing the cost of removing
808	or relocating any subsequent additions to that facility for the
809	purpose of serving others.
810	(e)  If, under an agreement between a utility and the
811	authority entered into after July 1, 2009, the utility conveys,
812	subordinates, or relinquishes a compensable property right to
813	the authority for the purpose of accommodating the acquisition
814	or use of the right-of-way by the authority, without the
815	agreement expressly addressing future responsibility for the
816	cost of removing or relocating the utility, the authority shall
817	bear the cost of removal or relocation. This paragraph does not
818	impair or restrict, and may not be used to interpret, the terms
819	of any such agreement entered into before July 1, 2009.
820	(f)  If the utility is an electric facility being relocated
821	underground in order to enhance vehicular, bicycle, and
822	pedestrian safety and in which ownership of the electric
823	facility to be placed underground has been transferred from a
824	private to a public utility within the past 5 years, the
825	department shall incur all costs of the relocation.
826	Section 11.  Subsections (4) and (5) of section 337.408,
827	Florida Statutes, are amended, present subsection (7) of that
828	section is renumbered as subsection (8), and a new subsection
829	(7) is added to that section, to read:
830	337.408  Regulation of benches, transit shelters, street
831	light poles, waste disposal receptacles, and modular news racks
832	within rights-of-way.--
833	(4)  The department has the authority to direct the
834	immediate relocation or removal of any bench, transit shelter,
835	waste disposal receptacle, public pay telephone, or modular news
836	rack that which endangers life or property, except that transit
837	bus benches that were which have been placed in service before
838	prior to April 1, 1992, are not required to comply with bench
839	size and advertising display size requirements which have been
840	established by the department before prior to March 1, 1992. Any
841	transit bus bench that was in service before prior to April 1,
842	1992, may be replaced with a bus bench of the same size or
843	smaller, if the bench is damaged or destroyed or otherwise
844	becomes unusable. The department may is authorized to adopt
845	rules relating to the regulation of bench size and advertising
846	display size requirements. If a municipality or county within
847	which a bench is to be located has adopted an ordinance or other
848	applicable regulation that establishes bench size or advertising
849	display sign requirements different from requirements specified
850	in department rule, the local government requirement applies
851	shall be applicable within the respective municipality or
852	county. Placement of any bench or advertising display on the
853	National Highway System under a local ordinance or regulation
854	adopted under pursuant to this subsection is shall be subject to
855	approval of the Federal Highway Administration.
856	(5)  A No bench, transit shelter, waste disposal
857	receptacle, public pay telephone, or modular news rack, or
858	advertising thereon, may not shall be erected or so placed on
859	the right-of-way of any road in a manner that which conflicts
860	with the requirements of federal law, regulations, or safety
861	standards, thereby causing the state or any political
862	subdivision the loss of federal funds. Competition among persons
863	seeking to provide bench, transit shelter, waste disposal
864	receptacle, public pay telephone, or modular news rack services
865	or advertising on such benches, shelters, receptacles, public
866	pay telephone, or news racks may be regulated, restricted, or
867	denied by the appropriate local government entity consistent
868	with the provisions of this section.
869	(7)  A public pay telephone, including advertising
870	displayed thereon, may be installed within the right-of-way
871	limits of any municipal, county, or state road, except on a
872	limited access highway, if the pay telephone is installed by a
873	provider duly authorized and regulated by the Public Service
874	Commission under s. 364.3375, if the pay telephone is operated
875	in accordance with all applicable state and federal
876	telecommunications regulations, and if written authorization has
877	been given to a public pay telephone provider by the appropriate
878	municipal or county government. Each advertisement must be
879	limited to a size no greater than 8 square feet and a public pay
880	telephone booth may not display more than three advertisements
881	at any given time. An advertisement is not allowed on public pay
882	telephones located in rest areas, welcome centers, or other such
883	facilities located on an interstate highway.
884	Section 12.  Subsection (6) is added to section 338.01,
885	Florida Statutes, to read:
886	338.01  Authority to establish and regulate limited access
887	facilities.--
888	(6)  All new limited access facilities and existing
889	transportation facilities on which new or replacement electronic
890	toll collection systems are installed shall be interoperable
891	with the department's electronic toll-collection system.
892	Section 13.  Present subsections (7) and (8) of section
893	338.165, Florida Statutes, are renumbered as subsections (8) and
894	(9), respectively, and a new subsection (7) is added to that
895	section, to read:
896	338.165  Continuation of tolls.--
897	(7)  This section does not apply to high-occupancy toll
898	lanes or express lanes.
899	Section 14.  Section 338.166, Florida Statutes, is created
900	to read:
901	338.166  High-occupancy toll lanes or express lanes.--
902	(1)  Under s. 11, Art. VII of the State Constitution, the
903	department may request the Division of Bond Finance to issue
904	bonds secured by toll revenues collected on high-occupancy toll
905	lanes or express lanes located on Interstate 95 in Miami-Dade
906	and Broward Counties.
907	(2)  The department may continue to collect the toll on the
908	high-occupancy toll lanes or express lanes after the discharge
909	of any bond indebtedness related to such project. All tolls so
910	collected shall first be used to pay the annual cost of the
911	operation, maintenance, and improvement of the high-occupancy
912	toll lanes or express lanes project or associated transportation
913	system.
914	(3)  Any remaining toll revenue from the high-occupancy
915	toll lanes or express lanes shall be used by the department for
916	the construction, maintenance, or improvement of any road on the
917	State Highway System.
918	(4)  The department may implement variable-rate tolls on
919	high-occupancy toll lanes or express lanes.
920	(5)  Except for high-occupancy toll lanes or express lanes,
921	tolls may not be charged for use of an interstate highway where
922	tolls were not charged as of July 1, 1997.
923	(6)  This section does not apply to the turnpike system as
924	defined under the Florida Turnpike Enterprise Law.
925	Section 15.  Paragraph (d) is added to subsection (1) of
926	section 338.2216, Florida Statutes, to read:
927	338.2216  Florida Turnpike Enterprise; powers and
928	authority.--
929	(1)
930	(d)  The Florida Turnpike Enterprise shall pursue and
931	implement new technologies and processes in its operations and
932	collection of tolls and the collection of other amounts
933	associated with road and infrastructure usage. Such technologies
934	and processes must include, without limitation, video billing
935	and variable pricing.
936	Section 16.  Section 338.231, Florida Statutes, is amended
937	to read:
938	338.231  Turnpike tolls, fixing; pledge of tolls and other
939	revenues.--The department shall at all times fix, adjust,
940	charge, and collect such tolls and amounts for the use of the
941	turnpike system as are required in order to provide a fund
942	sufficient with other revenues of the turnpike system to pay the
943	cost of maintaining, improving, repairing, and operating such
944	turnpike system; to pay the principal of and interest on all
945	bonds issued to finance or refinance any portion of the turnpike
946	system as the same become due and payable; and to create
947	reserves for all such purposes.
948	(1)  In the process of effectuating toll rate increases
949	over the period 1988 through 1992, the department shall, to the
950	maximum extent feasible, equalize the toll structure, within
951	each vehicle classification, so that the per mile toll rate will
952	be approximately the same throughout the turnpike system. New
953	turnpike projects may have toll rates higher than the uniform
954	system rate where such higher toll rates are necessary to
955	qualify the project in accordance with the financial criteria in
956	the turnpike law. Such higher rates may be reduced to the
957	uniform system rate when the project is generating sufficient
958	revenues to pay the full amount of debt service and operating
959	and maintenance costs at the uniform system rate. If, after 15
960	years of opening to traffic, the annual revenue of a turnpike
961	project does not meet or exceed the annual debt service
962	requirements and operating and maintenance costs attributable to
963	such project, the department shall, to the maximum extent
964	feasible, establish a toll rate for the project which is higher
965	than the uniform system rate as necessary to meet such annual
966	debt service requirements and operating and maintenance costs.
967	The department may, to the extent feasible, establish a
968	temporary toll rate at less than the uniform system rate for the
969	purpose of building patronage for the ultimate benefit of the
970	turnpike system. In no case shall the temporary rate be
971	established for more than 1 year. The requirements of this
972	subsection shall not apply when the application of such
973	requirements would violate any covenant established in a
974	resolution or trust indenture relating to the issuance of
975	turnpike bonds.
976	(1)(2)  Notwithstanding any other provision of law, the
977	department may defer the scheduled July 1, 1993, toll rate
978	increase on the Homestead Extension of the Florida Turnpike
979	until July 1, 1995. The department may also advance funds to the
980	Turnpike General Reserve Trust Fund to replace estimated lost
981	revenues resulting from this deferral. The amount advanced must
982	be repaid within 12 years from the date of advance; however, the
983	repayment is subordinate to all other debt financing of the
984	turnpike system outstanding at the time repayment is due.
985	(2)(3)  The department shall publish a proposed change in
986	the toll rate for the use of an existing toll facility, in the
987	manner provided for in s. 120.54, which will provide for public
988	notice and the opportunity for a public hearing before the
989	adoption of the proposed rate change. When the department is
990	evaluating a proposed turnpike toll project under s. 338.223 and
991	has determined that there is a high probability that the project
992	will pass the test of economic feasibility predicated on
993	proposed toll rates, the toll rate that is proposed to be
994	charged after the project is constructed must be adopted during
995	the planning and project development phase of the project, in
996	the manner provided for in s. 120.54, including public notice
997	and the opportunity for a public hearing. For such a new
998	project, the toll rate becomes effective upon the opening of the
999	project to traffic.
1000	(3)(a)(4)  For the period July 1, 1998, through June 30,
1001	2017, the department shall, to the maximum extent feasible,
1002	program sufficient funds in the tentative work program such that
1003	the percentage of turnpike toll and bond financed commitments in
1004	Miami-Dade County, Broward County, and Palm Beach County as
1005	compared to total turnpike toll and bond financed commitments
1006	shall be at least 90 percent of the share of net toll
1007	collections attributable to users of the turnpike system in
1008	Miami-Dade County, Broward County, and Palm Beach County as
1009	compared to total net toll collections attributable to users of
1010	the turnpike system. The requirements of This subsection does do
1011	not apply when the application of such requirements would
1012	violate any covenant established in a resolution or trust
1013	indenture relating to the issuance of turnpike bonds. The
1014	department may at any time for economic considerations establish
1015	lower temporary toll rates for a new or existing toll facility
1016	for a period not to exceed 1 year, after which the toll rates
1017	adopted pursuant to s. 120.54 shall become effective.
1018	(b)  The department shall also fix, adjust, charge, and
1019	collect such amounts needed to cover the costs of administering
1020	the different toll-collection and payment methods, and types of
1021	accounts being offered and used, in the manner provided for in
1022	s. 120.54 which will provide for public notice and the
1023	opportunity for a public hearing before adoption. Such amounts
1024	may stand alone, be incorporated in a toll rate structure, or be
1025	a combination of the two.
1026	(4)(5)  When bonds are outstanding which have been issued
1027	to finance or refinance any turnpike project, the tolls and all
1028	other revenues derived from the turnpike system and pledged to
1029	such bonds shall be set aside as may be provided in the
1030	resolution authorizing the issuance of such bonds or the trust
1031	agreement securing the same. The tolls or other revenues or
1032	other moneys so pledged and thereafter received by the
1033	department are immediately subject to the lien of such pledge
1034	without any physical delivery thereof or further act. The lien
1035	of any such pledge is valid and binding as against all parties
1036	having claims of any kind in tort or contract or otherwise
1037	against the department irrespective of whether such parties have
1038	notice thereof. Neither the resolution nor any trust agreement
1039	by which a pledge is created need be filed or recorded except in
1040	the records of the department.
1041	(5)(6)  In each fiscal year while any of the bonds of the
1042	Broward County Expressway Authority series 1984 and series 1986-
1043	A remain outstanding, the department is authorized to pledge
1044	revenues from the turnpike system to the payment of principal
1045	and interest of such series of bonds and the operation and
1046	maintenance expenses of the Sawgrass Expressway, to the extent
1047	gross toll revenues of the Sawgrass Expressway are insufficient
1048	to make such payments. The terms of an agreement relative to the
1049	pledge of turnpike system revenue will be negotiated with the
1050	parties of the 1984 and 1986 Broward County Expressway Authority
1051	lease-purchase agreements, and subject to the covenants of those
1052	agreements. The agreement must shall establish that the Sawgrass
1053	Expressway is shall be subject to the planning, management, and
1054	operating control of the department limited only by the terms of
1055	the lease-purchase agreements. The department shall provide for
1056	the payment of operation and maintenance expenses of the
1057	Sawgrass Expressway until such agreement is in effect. This
1058	pledge of turnpike system revenues is shall be subordinate to
1059	the debt service requirements of any future issue of turnpike
1060	bonds, the payment of turnpike system operation and maintenance
1061	expenses, and subject to provisions of any subsequent resolution
1062	or trust indenture relating to the issuance of such turnpike
1063	bonds.
1064	(6)(7)  The use and disposition of revenues pledged to
1065	bonds are subject to the provisions of ss. 338.22-338.241 and
1066	such regulations as the resolution authorizing the issuance of
1067	the such bonds or such trust agreement may provide.
1068	Section 17.  Subsection (4) of section 339.12, Florida
1069	Statutes, is amended to read:
1070	339.12  Aid and contributions by governmental entities for
1071	department projects; federal aid.--
1072	(4)(a)  Prior to accepting the contribution of road bond
1073	proceeds, time warrants, or cash for which reimbursement is
1074	sought, the department shall enter into agreements with the
1075	governing body of the governmental entity for the project or
1076	project phases in accordance with specifications agreed upon
1077	between the department and the governing body of the
1078	governmental entity. The department in no instance is to receive
1079	from such governmental entity an amount in excess of the actual
1080	cost of the project or project phase. By specific provision in
1081	the written agreement between the department and the governing
1082	body of the governmental entity, the department may agree to
1083	reimburse the governmental entity for the actual amount of the
1084	bond proceeds, time warrants, or cash used on a highway project
1085	or project phases that are not revenue producing and are
1086	contained in the department's adopted work program, or any
1087	public transportation project contained in the adopted work
1088	program. Subject to appropriation of funds by the Legislature,
1089	the department may commit state funds for reimbursement of such
1090	projects or project phases. Reimbursement to the governmental
1091	entity for such a project or project phase must be made from
1092	funds appropriated by the Legislature, and reimbursement for the
1093	cost of the project or project phase is to begin in the year the
1094	project or project phase is scheduled in the work program as of
1095	the date of the agreement. Funds advanced pursuant to this
1096	section, which were originally designated for transportation
1097	purposes and so reimbursed to a county or municipality, shall be
1098	used by the county or municipality for any transportation
1099	expenditure authorized under s. 336.025(7). Also, cities and
1100	counties may receive funds from persons, and reimburse those
1101	persons, for the purposes of this section. Such persons may
1102	include, but are not limited to, those persons defined in s.
1103	607.01401(19).
1104	(b)  Prior to entering an agreement to advance a project or
1105	project phase pursuant to this subsection and subsection (5),
1106	the department shall first update the estimated cost of the
1107	project or project phase and certify that the estimate is
1108	accurate and consistent with the amount estimated in the adopted
1109	work program. If the original estimate and the updated estimate
1110	vary, the department shall amend the adopted work program
1111	according to the amendatory procedures for the work program set
1112	forth in s. 339.135(7). The amendment shall reflect all
1113	corresponding increases and decreases to the affected projects
1114	within the adopted work program.
1115	(c)  The department may enter into agreements under this
1116	subsection for a project or project phase not included in the
1117	adopted work program. As used in this paragraph, the term
1118	"project phase" means acquisition of rights-of-way,
1119	construction, construction inspection, and related support
1120	phases. The project or project phase must be a high priority of
1121	the governmental entity. Reimbursement for a project or project
1122	phase must be made from funds appropriated by the Legislature
1123	pursuant to s. 339.135(5). All other provisions of this
1124	subsection apply to agreements entered into under this
1125	paragraph. The total amount of project agreements for projects
1126	or project phases not included in the adopted work program
1127	authorized by this paragraph may not at any time exceed $250
1128	$100 million. However, notwithstanding such $250 $100 million
1129	limit and any similar limit in s. 334.30, project advances for
1130	any inland county with a population greater than 500,000
1131	dedicating amounts equal to $500 million or more of its Local
1132	Government Infrastructure Surtax pursuant to s. 212.055(2) for
1133	improvements to the State Highway System which are included in
1134	the local metropolitan planning organization's or the
1135	department's long-range transportation plans shall be excluded
1136	from the calculation of the statewide limit of project advances.
1137	(d)  The department may enter into agreements under this
1138	subsection with any county that has a population of 150,000 or
1139	fewer as determined by the most recent official estimate under
1140	s. 186.901 for a project or project phase not included in the
1141	adopted work program. As used in this paragraph, the term
1142	"project phase" means acquisition of rights-of-way,
1143	construction, construction inspection, and related support
1144	phases. The project or project phase must be a high priority of
1145	the governmental entity. Reimbursement for a project or project
1146	phase must be made from funds appropriated by the Legislature
1147	under s. 339.135(5). All other provisions of this subsection
1148	apply to agreements entered into under this paragraph. The total
1149	amount of project agreements for projects or project phases not
1150	included in the adopted work program authorized by this
1151	paragraph may not at any time exceed $200 million. The project
1152	must be included in the local government's adopted comprehensive
1153	plan. The department may enter into long-term repayment
1154	agreements of up to 30 years.
1155	Section 18.  Paragraph (d) of subsection (7) of section
1156	339.135, Florida Statutes, is amended to read:
1157	339.135  Work program; legislative budget request;
1158	definitions; preparation, adoption, execution, and amendment.--
1159	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1160	(d)1.  Whenever the department proposes any amendment to
1161	the adopted work program, as defined in subparagraph (c)1. or
1162	subparagraph (c)3., which deletes or defers a construction phase
1163	on a capacity project, it shall notify each county affected by
1164	the amendment and each municipality within the county. The
1165	notification shall be issued in writing to the chief elected
1166	official of each affected county, each municipality within the
1167	county, and the chair of each affected metropolitan planning
1168	organization. Each affected county and each municipality in the
1169	county is encouraged to coordinate with each other in order to
1170	determine how the amendment affects local concurrency management
1171	and regional transportation planning efforts. Each affected
1172	county, and each municipality within the county, shall have 14
1173	days to provide written comments to the department regarding how
1174	the amendment will affect its respective concurrency management
1175	systems, including whether any development permits were issued
1176	contingent upon the capacity improvement, if applicable. After
1177	receipt of written comments from the affected local governments,
1178	the department shall include any written comments submitted by
1179	such local governments in its preparation of the proposed
1180	amendment.
1181	2.  Following the 14-day comment period in subparagraph 1.,
1182	if applicable, whenever the department proposes any amendment to
1183	the adopted work program, which amendment is defined in
1184	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1185	subparagraph (c)4., it shall submit the proposed amendment to
1186	the Governor for approval and shall immediately notify the
1187	chairs of the legislative appropriations committees, the chairs
1188	of the legislative transportation committees, and each member of
1189	the Legislature who represents a district affected by the
1190	proposed amendment. It shall also notify, each metropolitan
1191	planning organization affected by the proposed amendment, and
1192	each unit of local government affected by the proposed
1193	amendment, unless it provided to each the notification required
1194	by subparagraph 1. Such proposed amendment shall provide a
1195	complete justification of the need for the proposed amendment.
1196	3.2.  The Governor may shall not approve a proposed
1197	amendment until 14 days following the notification required in
1198	subparagraph 2. 1.
1199	4.3.  If either of the chairs of the legislative
1200	appropriations committees or the President of the Senate or the
1201	Speaker of the House of Representatives objects in writing to a
1202	proposed amendment within 14 days following notification and
1203	specifies the reasons for such objection, the Governor shall
1204	disapprove the proposed amendment.
1205	Section 19.  Subsection (3) and paragraphs (b) and (c) of
1206	subsection (4) of section 339.2816, Florida Statutes, are
1207	amended to read:
1208	339.2816  Small County Road Assistance Program.--
1209	(3)  Beginning with fiscal year 1999-2000 until fiscal year
1210	2009-2010, and beginning again with fiscal year 2012-2013, up to
1211	$25 million annually from the State Transportation Trust Fund
1212	may be used for the purposes of funding the Small County Road
1213	Assistance Program as described in this section.
1214	(4)
1215	(b)  In determining a county's eligibility for assistance
1216	under this program, the department may consider whether the
1217	county has attempted to keep county roads in satisfactory
1218	condition, including the amount of local option fuel tax and ad
1219	valorem millage rate imposed by the county. The department may
1220	also consider the extent to which the county has offered to
1221	provide a match of local funds with state funds provided under
1222	the program. At a minimum, small counties shall be eligible only
1223	if:
1224	1.  the county has enacted the maximum rate of the local
1225	option fuel tax authorized by s. 336.025(1)(a), and has imposed
1226	an ad valorem millage rate of at least 8 mills; or
1227	2.  The county has imposed an ad valorem millage rate of 10
1228	mills.
1229	(c)  The following criteria must shall be used to
1230	prioritize road projects for funding under the program:
1231	1.  The primary criterion is the physical condition of the
1232	road as measured by the department.
1233	2.  As secondary criteria the department may consider:
1234	a.  Whether a road is used as an evacuation route.
1235	b.  Whether a road has high levels of agricultural travel.
1236	c.  Whether a road is considered a major arterial route.
1237	d.  Whether a road is considered a feeder road.
1238	e.  Whether a road is located in a fiscally constrained
1239	county, as defined in s. 218.67(1).
1240	f.e.  Other criteria related to the impact of a project on
1241	the public road system or on the state or local economy as
1242	determined by the department.
1243	Section 20.  Paragraph (c) of subsection (4) of section
1244	348.0003, Florida Statutes, is amended to read:
1245	348.0003  Expressway authority; formation; membership.--
1246	(4)
1247	(c)  Members of each expressway an authority,
1248	transportation authority, bridge authority, or toll authority,
1249	created pursuant to this chapter, chapter 343, or chapter 349 or
1250	any other legislative enactment shall be required to comply with
1251	the applicable financial disclosure requirements of s. 8, Art.
1252	II of the State Constitution. This paragraph does not subject
1253	any statutorily created authority, other than an expressway
1254	authority created under this part, to any other requirement of
1255	this part except the requirement of this paragraph.
1256	Section 21.  Subsection (1) of section 479.01, Florida
1257	Statutes, is amended to read:
1258	479.01  Definitions.--As used in this chapter, the term:
1259	(1)  "Automatic changeable facing" means a facing that
1260	which through a mechanical system is capable of delivering two
1261	or more advertising messages through an automated or remotely
1262	controlled process and shall not rotate so rapidly as to cause
1263	distraction to a motorist.
1264	Section 22.  Subsections (1), (5), and (9) of section
1265	479.07, Florida Statutes, are amended to read:
1266	479.07  Sign permits.--
1267	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1268	person may not erect, operate, use, or maintain, or cause to be
1269	erected, operated, used, or maintained, any sign on the State
1270	Highway System outside an urban incorporated area, as defined in
1271	s. 334.03(32), or on any portion of the interstate or federal-
1272	aid primary highway system without first obtaining a permit for
1273	the sign from the department and paying the annual fee as
1274	provided in this section. As used in For purposes of this
1275	section, the term "on any portion of the State Highway System,
1276	interstate, or federal-aid primary system" means shall mean a
1277	sign located within the controlled area which is visible from
1278	any portion of the main-traveled way of such system.
1279	(5)(a)  For each permit issued, the department shall
1280	furnish to the applicant a serially numbered permanent metal
1281	permit tag. The permittee is responsible for maintaining a valid
1282	permit tag on each permitted sign facing at all times. The tag
1283	shall be securely attached to the sign facing or, if there is no
1284	facing, on the pole nearest the highway; and it shall be
1285	attached in such a manner as to be plainly visible from the
1286	main-traveled way. Effective July 1, 2012, the tag must be
1287	securely attached to the upper 50 percent of the pole nearest
1288	the highway and must be attached in such a manner as to be
1289	plainly visible from the main-traveled way. The permit becomes
1290	will become void unless the permit tag is properly and
1291	permanently displayed at the permitted site within 30 days after
1292	the date of permit issuance. If the permittee fails to erect a
1293	completed sign on the permitted site within 270 days after the
1294	date on which the permit was issued, the permit will be void,
1295	and the department may not issue a new permit to that permittee
1296	for the same location for 270 days after the date on which the
1297	permit became void.
1298	(b)  If a permit tag is lost, stolen, or destroyed, the
1299	permittee to whom the tag was issued must apply to the
1300	department for a replacement tag. The department shall adopt a
1301	rule establishing a service fee for replacement tags in an
1302	amount that will recover the actual cost of providing the
1303	replacement tag. Upon receipt of the application accompanied by
1304	the a service fee of $3, the department shall issue a
1305	replacement permit tag. Alternatively, the permittee may provide
1306	its own replacement tag pursuant to department specifications
1307	that the department shall adopt by rule at the time it
1308	establishes the service fee for replacement tags.
1309	(9)(a)  A permit shall not be granted for any sign for
1310	which a permit had not been granted by the effective date of
1311	this act unless such sign is located at least:
1312	1.  One thousand five hundred feet from any other permitted
1313	sign on the same side of the highway, if on an interstate
1314	highway.
1315	2.  One thousand feet from any other permitted sign on the
1316	same side of the highway, if on a federal-aid primary highway.
1317
1318	The minimum spacing provided in this paragraph does not
1319	preclude the permitting of V-type, back-to-back, side-to-side,
1320	stacked, or double-faced signs at the permitted sign site. If a
1321	sign is visible from the controlled area of more than one
1322	highway subject to the jurisdiction of the department, the sign
1323	shall meet the permitting requirements of, and, if the sign
1324	meets the applicable permitting requirements, be permitted to,
1325	the highway having the more stringent permitting requirements.
1326	(b)  A permit shall not be granted for a sign pursuant to
1327	this chapter to locate such sign on any portion of the
1328	interstate or federal-aid primary highway system, which sign:
1329	1.  Exceeds 50 feet in sign structure height above the
1330	crown of the main-traveled way, if outside an incorporated area;
1331	2.  Exceeds 65 feet in sign structure height above the
1332	crown of the main-traveled way, if inside an incorporated area;
1333	or
1334	3.  Exceeds 950 square feet of sign facing including all
1335	embellishments.
1336	(c)  Notwithstanding subparagraph (a)1., there is
1337	established a pilot program in Orange, Hillsborough, and Osceola
1338	Counties, and within the boundaries of the City of Miami, under
1339	which the distance between permitted signs on the same side of
1340	an interstate highway may be reduced to 1,000 feet if all other
1341	requirements of this chapter are met and if:
1342	1.  The local government has adopted a plan, program,
1343	resolution, ordinance, or other policy encouraging the voluntary
1344	removal of signs in a downtown, historic, redevelopment, infill,
1345	or other designated area which also provides for a new or
1346	replacement sign to be erected on an interstate highway within
1347	that jurisdiction if a sign in the designated area is removed;
1348	2.  The sign owner and the local government mutually agree
1349	to the terms of the removal and replacement; and
1350	3.  The local government notifies the department of its
1351	intention to allow such removal and replacement as agreed upon
1352	pursuant to subparagraph 2.
1353
1354	The department shall maintain statistics tracking the use
1355	of the provisions of this pilot program based on the
1356	notifications received by the department from local governments
1357	under this paragraph.
1358	(d)  Nothing in This subsection does not shall be construed
1359	so as to cause a sign that which was conforming on October 1,
1360	1984, to become nonconforming.
1361	Section 23.  Section 479.08, Florida Statutes, is amended
1362	to read:
1363	479.08  Denial or revocation of permit.--The department may
1364	has the authority to deny or revoke any permit requested or
1365	granted under this chapter in any case in which it determines
1366	that the application for the permit contains knowingly false or
1367	misleading information. The department may revoke any permit
1368	granted under this chapter in any case in which or that the
1369	permittee has violated any of the provisions of this chapter,
1370	unless such permittee, within 30 days after the receipt of
1371	notice by the department, corrects such false or misleading
1372	information and complies with the provisions of this chapter.
1373	For the purpose of this section, the notice of violation issued
1374	by the department must describe in detail the alleged violation.
1375	Any person aggrieved by any action of the department in denying
1376	or revoking a permit under this chapter may, within 30 days
1377	after receipt of the notice, apply to the department for an
1378	administrative hearing pursuant to chapter 120. If a timely
1379	request for hearing has been filed and the department issues a
1380	final order revoking a permit, such revocation shall be
1381	effective 30 days after the date of rendition. Except for
1382	department action pursuant to s. 479.107(1), the filing of a
1383	timely and proper notice of appeal shall operate to stay the
1384	revocation until the department's action is upheld.
1385	Section 24.  Section 479.156, Florida Statutes, is amended
1386	to read:
1387	479.156  Wall murals.--Notwithstanding any other provision
1388	of this chapter, a municipality or county may permit and
1389	regulate wall murals within areas designated by such government.
1390	If a municipality or county permits wall murals, a wall mural
1391	that displays a commercial message and is within 660 feet of the
1392	nearest edge of the right-of-way within an area adjacent to the
1393	interstate highway system or the federal-aid primary highway
1394	system shall be located in an area that is zoned for industrial
1395	or commercial use and the municipality or county shall establish
1396	and enforce regulations for such areas that, at a minimum, set
1397	forth criteria governing the size, lighting, and spacing of wall
1398	murals consistent with the intent of the Highway Beautification
1399	Act of 1965 and with customary use. Whenever a municipality or
1400	county exercises such control and makes a determination of
1401	customary use pursuant to 23 U.S.C. s. 131(d), such
1402	determination shall be accepted in lieu of controls in the
1403	agreement between the state and the United States Department of
1404	Transportation, and the department shall notify the Federal
1405	Highway Administration pursuant to the agreement, 23 U.S.C. s.
1406	131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
1407	subject to municipal or county regulation and the Highway
1408	Beautification Act of 1965 must be approved by the Department of
1409	Transportation and the Federal Highway Administration when
1410	required by federal law and federal regulation under and may not
1411	violate the agreement between the state and the United States
1412	Department of Transportation and or violate federal regulations
1413	enforced by the Department of Transportation under s. 479.02(1).
1414	The existence of a wall mural as defined in s. 479.01(27) shall
1415	not be considered in determining whether a sign as defined in s.
1416	479.01(17), either existing or new, is in compliance with s.
1417	479.07(9)(a).
1418	Section 25.  Subsections (1), (3), (4), and (5) of section
1419	479.261, Florida Statutes, are amended to read:
1420	479.261  Logo sign program.--
1421	(1)  The department shall establish a logo sign program for
1422	the rights-of-way of the interstate highway system to provide
1423	information to motorists about available gas, food, lodging, and
1424	camping, attractions, and other services, as approved by the
1425	Federal Highway Administration, at interchanges, through the use
1426	of business logos, and may include additional interchanges under
1427	the program. A logo sign for nearby attractions may be added to
1428	this program if allowed by federal rules.
1429	(a)  An attraction as used in this chapter is defined as an
1430	establishment, site, facility, or landmark that which is open a
1431	minimum of 5 days a week for 52 weeks a year; that which charges
1432	an admission for entry; which has as its principal focus family-
1433	oriented entertainment, cultural, educational, recreational,
1434	scientific, or historical activities; and that which is publicly
1435	recognized as a bona fide tourist attraction. However, the
1436	permits for businesses seeking to participate in the attractions
1437	logo sign program shall be awarded by the department annually to
1438	the highest bidders, notwithstanding the limitation on fees in
1439	subsection (5), which are qualified for available space at each
1440	qualified location, but the fees therefor may not be less than
1441	the fees established for logo participants in other logo
1442	categories.
1443	(b)  The department shall incorporate the use of RV-
1444	friendly markers on specific information logo signs for
1445	establishments that cater to the needs of persons driving
1446	recreational vehicles. Establishments that qualify for
1447	participation in the specific information logo program and that
1448	also qualify as "RV-friendly" may request the RV-friendly marker
1449	on their specific information logo sign. An RV-friendly marker
1450	must consist of a design approved by the Federal Highway
1451	Administration. The department shall adopt rules in accordance
1452	with chapter 120 to administer this paragraph, including rules
1453	setting forth the minimum requirements that establishments must
1454	meet in order to qualify as RV-friendly. These requirements
1455	shall include large parking spaces, entrances, and exits that
1456	can easily accommodate recreational vehicles and facilities
1457	having appropriate overhead clearances, if applicable.
1458	(c)  The department may implement a 3-year rotation-based
1459	logo program providing for the removal and addition of
1460	participating businesses in the program.
1461	(3)  Logo signs may be installed upon the issuance of an
1462	annual permit by the department or its agent and payment of a an
1463	application and permit fee to the department or its agent.
1464	(4)  The department may contract pursuant to s. 287.057 for
1465	the provision of services related to the logo sign program,
1466	including recruitment and qualification of businesses, review of
1467	applications, permit issuance, and fabrication, installation,
1468	and maintenance of logo signs. The department may reject all
1469	proposals and seek another request for proposals or otherwise
1470	perform the work. If the department contracts for the provision
1471	of services for the logo sign program, the contract must
1472	require, unless the business owner declines, that businesses
1473	that previously entered into agreements with the department to
1474	privately fund logo sign construction and installation be
1475	reimbursed by the contractor for the cost of the signs which has
1476	not been recovered through a previously agreed upon waiver of
1477	fees. The contract also may allow the contractor to retain a
1478	portion of the annual fees as compensation for its services.
1479	(5)  Permit fees for businesses that participate in the
1480	program must be established in an amount sufficient to offset
1481	the total cost to the department for the program, including
1482	contract costs. The department shall provide the services in the
1483	most efficient and cost-effective manner through department
1484	staff or by contracting for some or all of the services. The
1485	department shall adopt rules that set reasonable rates based
1486	upon factors such as population, traffic volume, market demand,
1487	and costs for annual permit fees. However, annual permit fees
1488	for sign locations inside an urban area, as defined in s.
1489	334.03(32), may not exceed $5,000, and annual permit fees for
1490	sign locations outside an urban area, as defined in s.
1491	334.03(32), may not exceed $2,500. After recovering program
1492	costs, the proceeds from the logo program shall be deposited
1493	into the State Transportation Trust Fund and used for
1494	transportation purposes. Such annual permit fee shall not exceed
1495	$1,250.
1496	Section 26.  The Department of Transportation, in
1497	consultation with the Department of Law Enforcement, the
1498	Department of Environmental Protection, the Division of
1499	Emergency Management of the Department of Community Affairs, the
1500	Office of Tourism, Trade, and Economic Development, affected
1501	metropolitan planning organizations, and regional planning
1502	councils within whose jurisdictional area the I-95 corridor
1503	lies, shall complete a study of transportation alternatives for
1504	the travel corridor parallel to Interstate 95 which takes into
1505	account the transportation, emergency management, homeland
1506	security, and economic development needs of the state. The
1507	report must include identification of cost-effective measures
1508	that may be implemented to alleviate congestion on Interstate
1509	95, facilitate emergency and security responses, and foster
1510	economic development. The Department of Transportation shall
1511	send the report to the Governor, the President of the Senate,
1512	the Speaker of the House of Representatives, and each affected
1513	metropolitan planning organization by June 30, 2010.
1514	Section 27.  (1)  Part III of chapter 343, Florida
1515	Statutes, consisting of sections 343.71, 343.72, 343.73, 343.74,
1516	343.75, 343.76, and 343.77, is repealed.
1517	(2)  Any assets or liabilities of the Tampa Bay Commuter
1518	Transit Authority are transferred to the Tampa Bay Area Regional
1519	Transportation Authority as created under s. 343.92, Florida
1520	Statutes.
1521	Section 28.  Paragraph (c) of subsection (4) of section
1522	316.191, Florida Statutes, is amended to read:
1523	316.191  Racing on highways.--
1524	(4)  Whenever a law enforcement officer determines that a
1525	person was engaged in a drag race or race, as described in
1526	subsection (1), the officer may immediately arrest and take such
1527	person into custody. The court may enter an order of impoundment
1528	or immobilization as a condition of incarceration or probation.
1529	Within 7 business days after the date the court issues the order
1530	of impoundment or immobilization, the clerk of the court must
1531	send notice by certified mail, return receipt requested, to the
1532	registered owner of the motor vehicle, if the registered owner
1533	is a person other than the defendant, and to each person of
1534	record claiming a lien against the motor vehicle.
1535	(c)  Any motor vehicle used in violation of subsection (2)
1536	may be impounded for a period of 30 10 business days if a law
1537	enforcement officer has arrested and taken a person into custody
1538	pursuant to this subsection and the person being arrested is the
1539	registered owner or coowner of the motor vehicle. If the
1540	arresting officer finds that the criteria of this paragraph are
1541	met, the officer may immediately impound the motor vehicle. The
1542	law enforcement officer shall notify the Department of Highway
1543	Safety and Motor Vehicles of any impoundment for violation of
1544	this subsection in accordance with procedures established by the
1545	department. The provisions of paragraphs (a) and (b) shall be
1546	applicable to such impoundment.
1547	Section 29.  Paragraph (c) of subsection (1) of section
1548	316.191, Florida Statutes, is amended to read:
1549	316.191  Racing on highways.--
1550	(1)  As used in this section, the term:
1551	(c)  "Race" "Racing" means the use of one or more motor
1552	vehicles in competition, arising from a challenge to demonstrate
1553	superiority of a motor vehicle or driver and the acceptance or
1554	competitive response to that challenge, either through a prior
1555	arrangement or in immediate response, in which the competitor
1556	attempts an attempt to outgain or outdistance another motor
1557	vehicle, to prevent another motor vehicle from passing, to
1558	arrive at a given destination ahead of another motor vehicle or
1559	motor vehicles, or to test the physical stamina or endurance of
1560	drivers over long-distance driving routes. A race may be
1561	prearranged or may occur through a competitive response to
1562	conduct on the part of one or more drivers which, under the
1563	totality of the circumstances, can reasonably be interpreted as
1564	a challenge to race.
1565	Section 30.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.